손해배상
1. The instant lawsuit was concluded on July 23, 2019 as deeming the withdrawal of the Plaintiff’s appeal.
2. After filing an application for designation of the date.
1.The following facts of recognition are apparent or obvious to this Court:
On August 16, 2018, the Plaintiff submitted a petition of appeal against the judgment of the first instance court to the court of first instance.
B. This Court: (a) designated 10:00 on May 16, 2019 as the first date for pleading; and (b) served two times on March 11, 2019 and March 25, 2019 a notice of the date for pleading at the Plaintiff’s domicile; but (c) did not serve the Plaintiff on the ground of “defluent absence.”
Accordingly, this Court served a notice of the date of pleading on May 13, 2019 by sending it to the Plaintiff, and the notice of the date of pleading was deemed to have been served on May 13, 2019.
C. On May 16, 2019, the Plaintiff did not appear on the first date for pleading of this Court, which was in progress on May 16, 2019, and the Defendants’ attorney did not appear, but did not present.
On June 20, 2019, the court designated the following date for pleading as the date for pleading on June 20, 2019 and notified the Defendants’ legal representative. On May 16, 2019 and May 24, 2019, the court served the notice of the date for pleading on two occasions to the Plaintiff’s domicile, but did not serve the Plaintiff on the ground of “in the absence of an oral statement.”
Accordingly, on June 11, 2019, this court served a notice of the date for pleading on the Plaintiff by sending it to the Plaintiff, and the notice of the date for pleading was deemed to have been served on the Plaintiff on June 11, 2019.
E. On June 20, 2019, the Plaintiff did not appear on the second date for pleading of this Court, which was in progress on June 17, 2019, and the Defendants’ attorney did not appear, but did not present.
F. On July 26, 2019, the Plaintiff submitted an application for designation of the date to this court.
2. During the appellate trial proceeding, both parties were absent or present at the date of pleading on two occasions.
Even if no pleading is made, the appeal shall be considered to have been withdrawn if no request for fixed date is made within one month from the date of pleading for the second absence (Article 268(2) and (4) of the Civil Procedure Act), and such withdrawal of an appeal shall be deemed to have been made in accordance with the foregoing requirements.